USA > Oregon > Pioneer days of Oregon history, Vol. II > Part 20
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Linn's bill was referred to a select committee, who in- structed their chairman to report same with favorable recommendation. The pendency of the Ashburton treaty made it impolitic to pass any measure affecting that matter, or to discuss same in Congress, so this bill was allowed to rest until the treaty was concluded. It was called up at the next session, warmly debated, and finally passed by a vote 24 to 22, but it failed in the house. This session ended the careers of both Floyd in the house and Linn in the Senate. The first was not in the next Congress, and Senator Linn died during the recess.
By this time Western people had become generally in- terested in the Oregon question. From the legislatures of Illinois, Indiana, and Missouri were forwarded resolutions and memorials to Congress. An Ohio company wanted to have the right to settle "not over twenty thousand square miles." From Alabama, Kentucky, Missouri, Indiana and Iowa came petitions. Public meetings were held in dif- ferent cities and many letters came. This agitation con-
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tinued until the final settlement of the Oregon question in 1846.
In 1844 President Polk was elected on the popular cry of "fifty-four forty, or fight!" On February 3d, 1845, a bill passed the house, 140 to 59, but failed in the Senate for want of time. It took there the place of the Atchison bill, that had been pending, and would probably have passed.
The question of slavery was not introduced in the bill, and the Oregon provisional government had decided the question in favor of a free State. During the twenty-ninth session of Congress, President Polk took strong ground for Oregon. On August 6, 1846, the boundary question was settled, and I shall give the rest of congressional action in the chapter relating the story of Judge Thornton's experi- ence in Washington.
NEGOTIATIONS FROM 1818 To 1846
The message of President Polk to Congress in December, 1845, recites the Oregon question and negotiations had pre- vious to that date. Three attempts at compromise had been defeated, and he claimed that a spirit of "liberal concession on the part of the United States" had been shown. The first negotiation took place in London in 1818, under the admin- istration of President Monroe, and having failed, resulted in the convention the 20th of October, the same year, by which it was agreed that joint occupancy for space of ten years should follow, the "only object of the high contract- ing parties in that respect being to prevent disputes and difficulties among themselves."
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Another negotiation was attempted in London in 1824, but produced no results, so the convention of 1818 was left unchanged ; further effort in 1826 having failed, resulted in the convention of August 6, 1827, by which it was agreed to continue in force for an indefinite time the provisions of 1818 for joint occupancy ; with power further provided that in case either party shall think fit at any time after the 20th of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abro- gate this convention, in such case it should be annulled at end of twelve months.
In all these attempts to adjust controversy the parallel of 49° of north latitude had been offered by Great Britain and further concession of navigation of the Columbia River south of that latitude. In 1844, Great Britain offered the 49° parallel from the Rocky Mountains with its intersection with the Columbia, thence follow its channel to the sea. The country north of that river to belong to Great Britain and that to the south to the United States, with a detached ter- ritory north of the Columbia extending along the Pacific and Straits of Fuca, from Bulfinch Harbor to Hood's Canal, with ports south of Vancouver Island. This was nearly the same offer made by the British and rejected by the American Government in 1826. It was promptly rejected the same day it was made. Then the British plenipotentiary re- quested a proposal by the United States. This was the con- dition existing at time of President Polk's inauguration. In consideration of what his predecessors had done, he made another proposition, which was rejected by the British pleni- potentiary, who expressed his hope that the United States would offer some proposal "more consistent with fairness
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and equity." This rejected proposal repeated the offer of the 49° parallel, without the navigation of the Columbia River ; also made free to Great Britain any port or ports on Vancouver's Island south of that parallel. Mr. Polk claimed that he was liberal in deference to what his prede- cessors had done.
In August and September, 1844, conferences were held at the State Department, at Washington, between John C. Calhoun and Richard Pakenham, with no result attained; then, in July, 1845, a seventh conference was held between James Buchanan, Secretary of State, and R. Pakenham, the British Minister. The argument covered the entire story of American discovery, terms of the surrender of As- toria, treaties with Spain, made by Calhoun and Buchanan, and the rejoinder of Minister Pakenham, that are interest- ing, but too voluminous to use in full. It was shrewd diplo- matic fence, that had been continued and prolonged, and will go into history as matter of interest. A very lengthy letter from Buchanan to Pakenham, of August 30, 1845, closed negotiations until June 10, 1846, when President Polk asked authority to give England the required twelve months' notice required by existing treaty.
June 10, 1846, a message from President Polk submitted to the Senate a proposal made by the British envoy for set- tlement of the Oregon question. Notice of conclusion of joint occupancy had been given and settlement of the con- troversy was demanded. The next day the Senate, by vote of two-thirds, advised the acceptance of the proposal for a conference to settle boundaries west of the Rocky Moun- tains, between the United States and Great Britain. June 16th, a message from the President to the Senate stated that
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the convention was concluded and had been signed on the 15th ; it was laid before the Senate for ratification.
It was provided that the 49° line was to continue west- ward to the middle of the channel between Vancouver's Island and the main continent, thence through the middle of said channel and the straits south of the 49° parallel of north latitude to the sea; navigation of said channel and straits to be open to both parties.
The first news of this negotiation and conclusion of the Oregon question was received by Governor Douglas, of the Hudson's Bay Company, in November following, who wrote to Governor Abernethy November 3, 1846, that it had been received by the bark Toulon, from the Sandwich Islands, where it was announced by Sir George Seymour, British commander-in-chief in the Pacific. Governor Douglas thought John Bull had surrendered more than strict justice required, but "was bound to be more than just to his promis- ing son, Jonathan."
John C. Calhoun opposed the Oregon bill, but not the object desired. He is said to have foreseen and predicted the final settlement of the question. At that time the emi- gration of 1843 was forming ; he assured his countrymen that time and tendency of population were certain to bring the desired solution. Various surmises were entertained in the far West and Southwest as to the meaning of the diplo- macy of that time; why the Oregon question was not ad- justed by the Ashburton treaty ; so that State legislatures sent resolutions to Congress. There was fear that settle- ment of the Maine boundary might involve the Oregon mat- ter, as Webster was known to be anxious for the settlement of the Maine question and had put a low estimate on the
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value of Oregon. In various ways it has been suggested that President Tyler and his Secretary of State did contem- plate surrender in the northwest in consideration of some- thing to be gained thereby. Not of the entire Northwest Coast, but to make the Columbia River the line. California figured in suggestions of that time, for England had influ- ence that could be exercised with Mexico. English capital had loaned Mexico $50,000,000 and taken California as security, so a triple alliance was suggested as possible ; Eng- land to have Northern California transferred, to include the Bay of San Francisco, and convey that territory to the United States for all of Oregon north of the Columbia River. These schemes failed-if they ever existed-and Webster left the cabinet. With him removed from the field of negotiation, there was little danger of Oregon being in any way misrepresented. The arrival of Dr. Whitman in Washington and the influence he had on President Tyler did much to prevent negotiation that could injure Oregon.
It might be received as some proof that Whitman went to Washington with a political motive that soon after his re- turn he wrote Secretary of War Porter, in 1844, as he had promised, and sent him a draft for a bill for Oregon that he had prepared, which letter and proposed bill are well authenticated.
JEFFERSON'S PLANS
As early as 1786, previous to the discovery of the Col- umbia, while Jefferson was Minister to France, he met John Ledyard, of Connecticut, who had voyaged with Captain Cook not long before as corporal of marines, who was in Paris looking for some way to get into the fur trade, for
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Cook's men had made money selling furs in China that they had purchased of the natives on the Northwest Coast. He was ready for any enterprise, as he was very daring, so Jefferson suggested his exploring the Northwest Coast of America. He was to go by land to Kamchatka, cross by Russian vessel to Nootka Sound, then fall down into the latitude of the Missouri and penetrate to and through that to the United States. Ledyard accepted the scheme, and an attempt was made to secure from the Empress of Russia leave to cross her dominions. As this was refused-she was absent at the time-he became impatient and set out to make the journey. He was arrested when within two hundred miles of Kamchatka and taken back to Poland, and there released. Jefferson wrote: "Thus failed the first attempt to explore the northern part of our continent."
Again he attempted and writes: "In 1792 I proposed to the American Philosophical Society that we set on foot a subscription to engage some competent person to explore that region by ascending the Missouri, crossing the Stony Mountains and descending the nearest river to the Pacific." This was attempted, but it took years to raise the funds necessary. When at last, under the lead of Captain Meri- wether Lewis, explorers were on the way, it failed by the French minister recalling the botanist of the company, who was a citizen of France. So this second attempt also failed.
Early in 1801, Rufus King, Minister to England, wrote home that it was believed both at London and Paris that Spain had ceded Louisiana and the Floridas to France. On this Madison, Secretary of State, wrote Pinkney, American Minister to Spain, that President Jefferson was urgent that
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he make inquiry. Similar instruction was sent to Robert Livingston, Minister to France. A year passed, and it was learned that Louisiana had been so transferred, and maybe the Floridas were included. Jefferson was anxious to secure New Orleans, and the Mississippi as the western boundary, with free navigation of same. It was not believed possible to obtain more than this. In fact, much sentiment was averse to extending national limits further than the Mis- sissippi.
We tell elsewhere of the Louisiana Purchase, but one feature is worth relating here. In October, 1802, Joseph Bonaparte questioned Livingston if the United States pre- ferred Florida to Louisiana. The question was significant, though fearful of so extending the nation's limits, he wrote to President Jefferson.
This induced President Jefferson to appoint Monroe Minister Extraordinary to proceed to Paris and aid the negotiations. The purchase of Louisiana in 1803 fol- lowed. So early as January, 1803, Jefferson asked an ap- propriation of Congress to aid toward extending trade in regions beyond the Mississippi; so $2,500 was appro- priated, and thus skilfully did Jefferson plan for the ex- pedition to explore that territory before its purchase was consummated. This was the foundation on which the Lewis and Clark expedition was based. Thus was at last con- summated the object Jefferson had planned in 1786, and had again attempted in 1792. The Louisiana Purchase and the Lewis and Clark expedition stand as the crowning features of his career ; at least, those that brought the most enduring results, and in time added so immensely to the greatness and stability of our nation.
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SENATOR LINN OF MISSOURI
The history of Oregon will not be complete that will not do justice to the life, character and labors for Oregon of Dr. Lewis Fields Linn, senator from Missouri, who was the earliest and strongest champion for government pro- tection of the Oregon territory. So early as February, 1838, he introduced a bill for the occupation of the Colum- bia, or Oregon, River, establishing a territory north of 42º of latitude, and west of the Rocky Mountains, to be known as Oregon Territory. This led to discussion, and he made one of his ablest efforts in a report to the Senate, which was a complete historical and legal presentation of the subject, including every 'important feature connected with that region from the first American claim, giving the rise and progress of the question and the era, minutely traced, the claims of Spain, Russia and England fairly presented. On December 11, 1838, he introduced another bill for the oc- cupation of that territory, which was referred to a com- mittee of which he was chairman, with Senators Calhoun, Clay, Walker and Pearce as members. January 28, 1839, he presented a memorial from citizens of Oregon with thirty-six signers, praying for protection and federal jurisdiction. In advocating the passage of the bill, Senator Linn alluded to the wealth of the fur trade, the fisheries, trade with Hawaii and California, as also, in course of time, with China, Japan and the Orient, manifesting wonderful prescience that the present time is fully realizing and only a far-sighted statesman could foresee. He spoke of the mildness of climate, richness of soil, grandeur of mountain scenery, as well as the need to insure possession and preserve the title.
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At different times Senator Linn brought forward bills for such objects, until August 31, 1842, when he asked leave to address the Senate on the occupation of Oregon territory. His argument asserted the title as in the United States, and favored legislation to encourage emigration and cover all needs of the situation. As negotiations were then pending with Great Britain, his friends thought it impolitic to press the issue at that time, so it was held back until February 6, 1843, when it passed the Senate by the vote, 24 to 22. Returning home from that session he took cold in March, 1843, and never recovered, dying October 6, 1843. His death left Oregon without the force to insure needed legislation, as no one was left to urge the question with the power and earnest sympathy he was so capable of.
Senator McDuffie, of South Carolina, bitterly derided the region of Oregon and opposed the Oregon bill, but was answered by Senator Linn with great force. He showed that at the call of duty and actuated by Christian phil- anthropy, a sacred call had led teachers to trace the pathless wilderness and brave every privation to carry the light of the Gospel and blessings of civilization to the valleys of Oregon, outstripping the tardy policy of the government. The Gospel bearers had found a paradise where opposing statesmen imagined only sterile sands or surface blackened with volcanic fires. He answered Senator McDuffie's mis- representations by quoting well-authenticated descriptions he had received from residents there as to the value of Oregon territory, including reports of missionaries, the narrative of Captain Wilkes and Mr. Peale, the naturalist, as to the picturesque beauty and exuberant fertility,
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as well as salubrity of climate; also the narrative of the Lewis and Clark expedition, concluding his wonder- ful and exhaustive effort and view of the future with the following: "What imagination has yet outstripped the gigantic pace at which improvement marches along with us? Sir, I can well conceive the tumult of delight which swelled the bosom of Clark when from the bluff he had gained he first heard the roar of the great ocean and saw the surges of the Pacific battling the territory he had explored. In the vision of that moment he saw, through the dim vista of the future, rising States of his countrymen spreading along the shore, and the white sails of their commerce wafting along the bosom of that peace- ful sea-the barbaric wealth of the East in return for the more solid wealth of our own industry. One cannot read the striking description of what he saw and felt without sharing his enthusiasm. Some now here have shaken hands with Boone, with Clark, and with Cass, who have often con- versed with a relative, a contemporary, of the first born of the Pilgrim Fathers. What a picture does this present for the contemplation of the statesman and philosopher ! The chain is complete from the Atlantic to the Pacific oceans, from the first born of Massachusetts to Clark, on the borders of the Western ocean."
While Oregon lost a friend when Senator Linn died, his influence survived to sustain the claims of the people there to the care and consideration of congresses that should come after.
CHAPTER LX
THE PROVISIONAL GOVERNMENT
As early as 1838 the Methodist Mission had provided a magistrate and constable for protection of rights of Ameri- cans in the country, as offset to the fact that the Canadian Government had appointed magistrates to adjudicate mat- ters for British subjects.
When the immigration of 1839 and 1840 arrived, their coming swelled the resident population so that the total of American settlers in the fall of 1840, according to Thorn- ton, was thirty-six males, who were Americans, twenty-five of whom had native wives. There were also thirteen Metho- dist ministers, six Congregational or Presbyterian ministers, three Catholic priests, thirteen lay members of Protestant missions, thirty-three women, thirty-two of their children and sixty Canadian French. The aggregate being one hun- dred and thirty-seven Americans and sixty-three French and Canadians, or making a total of exactly two hundred whites who were not connected with the Hudson's Bay Com- pany. There was no change to note of any importance at the opening of the year 1842, for the Americans maintained the same number (137).
In 1837, Rev. Jason Lee determined to go East to further his plans for the mission and for the settlement of the coun- try, and a convention was called to form and prepare a memorial to Congress asking the Government to assume control of the territory of Oregon. This memorial cited all
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the facts of settlement, alluded to the future importance of the region, the climate and resources, as also commercial ad- vantages for trade with all the regions of the Pacific and the Orient. The influence of the Hudson's Bay Company was cited and the need to become independent of that influ- ence; the need of government protection and control was urged in view of the diverse population and assertion of British authority. Armed with this, Jason Lee started for the East in 1838. On reaching the frontier, he lectured on the advantages of Oregon, and Elijah White says influ- enced many who afterwards came; but they were not the class he tried to stimulate, but restless people from the frontier.
The account of Lee's life elsewhere gives the facts as to this petition and the information he furnished Caleb Cush- ing on his request. But no action was then taken, Congress could not believe Oregon was of any importance, and the country had not then sufficient growth to occupy the near- by lands of the Mississippi valley. The reinforcement that came in 1840, in the Lausanne, in response to Mr. Lee's efforts, is included to make the total population we have summed up as present at the close of the year 1840.
Mr. W. H. Gray, in his history, speaking of the petition sent East bearing date of June 4, 1840, numbered 514 in United States Senate documents of the Twenty-sixth ses- sion, alludes to the fact that for two years judges and mag- istrates officiating were chosen by the Methodist Mission, in opposition to the wish of the settlers, from whose decision there was no appeal; that there was no statute or law book in the country, and nothing to guide the decisions of the judge or magistrate but his own opinions, caprice or prefer-
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ence. So a petition was gotten up and sent to Congress, which set forth that the signers had settled in Oregon terri- tory in belief that it was the domain of the States, and that they could rely on law and protection ; that no such protec- tion was afforded and they were surrounded by savages "and others that would do them harm;" that their only means of safety were self-constituted tribunals sustained by ill-in- structed public opinion, and the resort to force and arms ; that crimes of murder, theft, infanticide, etc., were increas- ing to an alarming extent, and could not be arrested without law and tribunals to administer it. "Your petitioners, there- fore, pray the Congress of the United States of America to establish, as soon as may be, a territorial government in the Oregon Territory."
They then went on to state various facts-as to English squadrons making surveys; that the English Government was said to have made grants to the Hudson's Bay Com- pany of all lands between the Columbia and Puget Sound, and the same were opened as farms. The value of that region and of the Sound country was forcibly stated as rich in timber, water power and minerals. The country south of the Columbia, and for one hundred and twenty miles from the coast, was set forth as "of unequalled fer- tility"; all its vast natural wealth is ably summed up; "the deserts of the interior have their wealth of pasturage"; so they "ask for the civil institutions of the American Re- public."
This petition was signed by David Leslie and others ; Bancroft says by sixty-seven citizens of the United States and persons desirous of becoming so.
As to the statements in this petition, it looks very much
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as if they were overdrawn and made for effect. Indians were guilty of small thefts, and the Indian women were known to practise infanticide, but murders were almost un- known. Bancroft says none had occurred in four years. It really seems that these "self-constituted tribunals," to- gether with the peaceable character of the people, had served an excellent purpose ; the peace of the scattered colony, as well as harmony, honesty and general welfare, had been won- derfully preserved.
As Thomas J. Farnham, who came with the Peoria ex- pedition in 1840, was returning to the States, this petition was committed to his care and received due attention. Com- modore Wilkes says Farnham wrote the memorial, as well as carried it East, suggestions being made by Dr. Bailey, of Oregon City. As Wilkes conversed with Bailey on affairs, he was probably well informed. Wilkes was somewhat in- terested, because this same petition-and other representa- tions made-had caused orders to come from Washington, while on his exploring of the Northwest Coast, that he should examine into and report as to conditions on the Co- lumbia and in Oregon, and the relations of the Hudson's Bay Company to the settlers. His visit, however, was made a year later, and he saw Dr. Bailey while making his in- vestigation. In his book of travels, Farnham says he ad- vised them to sign and send such a petition, so he probably aided in forming it.
The earliest record by Oregon archives is of a meeting of the inhabitants of the Willamette valley held February 17, 1841, but in this allusion is made to a previous meeting that seems to have been held at Champoeg, February 7th. Champoeg was at that time the chief town in the Wil-
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lamette valley, located where the river first touched the open land of French Prairie. This earlier meeting was called "for the purpose of consulting upon the steps necessary to be taken for the formation of laws and the election of offi- cers to execute them." This, Judge Thornton says, was an informal meeting, designed for a preliminary consultation by persons connected with the mission. Rev. Jason Lee was chairman, and in a short address advised the selection of a committee to draft a constitution and code of laws for set- tlements south of the Columbia. Little more was done than to recommend to all Americans to consider if it would not be well to elect a governor and other State officers.
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